Road Rights and Bicycle Advocacy

When the Cop Says Stop

What do you do when you know your area's bike laws, but the police don't?

bob mionske

Tony was then taken to the Lawrence County Sheriff's Office for processing, but when Ryan informed the officers that he was 16, they took him to the Chesapeake Police Department, and removed the handcuffs once he was there. It is still unclear why they didn't book him in Lawrence County's office.

According to both Tony and Ryan, their bikes--Tony rides a $7,500 Specialized Tarmac SL, Ryan rides a $6,000 AeroCat--were left behind on the pavement by the departing officers. Despite these allegations of a total lack of care taken by the law enforcement officers involved, the bikes weren't stolen; a bystander who recognized Tony called a mutual friend, and the friend came and got the bikes, and then went to the police station where Ryan was being held. Ryan's parents showed up soon after.

Needless to say, they were furious about what had happened to their son, so, according to Tony, the Deputy took it upon himself to lecture Ryan's parents about their son:

"Let me tell you what your son is about. I'm on my way to a burglary, and these guys were impeding me from getting there."

Let that sink in for a moment. The Deputy was on his way to a burglary, but he had time to tase and beat a cyclist because he was "impeding" the Deputy by riding on the road? That lecture didn't make sense to Ryan's parents, but the Deputy clarified his statement, explaining that he was on his way to investigate a burglary that had been called in hours before, when he was impeded by Tony and Ryan. There were still a few problems with that story, however.

First, regardless of whether one believes the Deputy's report and testimony, or Tony's and Ryan's accounts, both sides agree that the Deputy pulled up alongside them to express his opinion that they should not be riding in the road. If they were impeding him, how was he able to pull up alongside them? And if he passed them, as he claims, in what way were they impeding him from getting to the burglary investigation?

Second, in Ohio, cyclists cannot be in violation of the impeding traffic statute if they are traveling as fast as they reasonably can. This principle was first established in a 2001 Ohio case called Trotwood v. Selz, and was subsequently codified into Ohio law in 2006, with the addition of a provision that:

"The [judge or jury], in determining whether the vehicle was being operated at an unreasonably slow speed, shall consider the capabilities of the vehicle and its operator."